counter-offers: how to plan for them when hiring an employed executive

what is a counter-offer and why does it happen?

A counter-offer is an employer's reaction on learning that an employee is leaving: a pay rise, a promotion or a flexible arrangement offered to keep them. It mostly affects employed executives: unlike a jobseeker, they are not looking for work, they are being approached, and their current employer has a good reason to react fast.

The withdrawal of an already selected candidate is a recognised recruitment difficulty. Apec does not separate the share caused by a counter-offer from other causes (a change of mind, competition from another company), but the trend has held steady year on year.

does the law protect your hire from a last-minute change of mind?

Not really, and that is the point to know. For a rupture conventionnelle (a mutually agreed termination), French labour law grants a withdrawal period: from the date both parties sign, each one has a 15 calendar-day period to exercise their right of withdrawal (article L1237-13 (opens a new window)).

Nothing equivalent exists for an ordinary resignation. Once clearly given, a resignation in principle binds the employee: there is no legal cooling-off period to withdraw it. In practice, an executive who changes their mind can always ask their current employer to cancel the resignation, and nothing stops the employer from agreeing: it is a mutual agreement, not an automatic right for the employee. For a specific case, ask an employment lawyer.

what signals point to a counter-offer risk?

• The candidate stays vague on when they told, or will tell, their current employer.
• They express guilt about leaving their team or manager, more than enthusiasm for your role.
• The pay gap with the market seems to be their only real frustration, something a counter-offer can fix without them changing employer.
• They ask for extra confidentiality out of fear of their current employer's reaction.
• Their notice period is long, giving more time for a counter-offer to take shape.

These signals often show up in the interview itself: read our guide how to evaluate a candidate put forward by an agency.

how do you reduce the risk before signing?

1. Ask the question directly in the interview: what would make them stay if their current employer reacted? An honest answer beats an awkward silence.
2. Write a precise, fast offer: role, pay, start date. A long decision window gives a counter-offer time to take shape.
3. Set the start date against the real notice period, not a hoped-for one: ask for the current contract or collective agreement rather than guessing.
4. Keep light contact during the notice period: a welcome message, practical information, no pressure.
5. Hand the search to several specialised headhunters rather than a single point of contact: one withdrawal does not stop the whole hire.

what if the candidate takes the counter-offer anyway?

It happens, even with a good process. Relaunch the search and tighten two things: a shorter decision timeline, and a more direct check on their reasons for leaving from the first interview. Later hires for a similar role benefit from the lesson.

To compare search methods suited to an employed executive, read our guide headhunter or recruitment agency.

frequently asked questions